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Mikhaila Fogel

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Mikhaila Fogel is an associate editor at Lawfare and a research analyst at the Brookings Institution. She previously worked as a legislative correspondent for national security and foreign affairs issues in the Office of Sen. Susan Collins. She holds a bachelor’s degree from Harvard College, where she majored in history and literature and minored in government and Arabic.

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Mueller Investigation

D.C. Circuit Dismisses McGahn Subpoena Case

Mikhaila Fogel   Fri, Feb 28, 2020, 4:48 PM

On Feb. 28, the U.S. Court of Appeals for the D.C. Circuit dismissed the House Judiciary Committee's lawsuit to compel the testimony of former White House Counsel Don McGahn. Writing on behalf of the court, Judge Thomas B. Griffith wrote, "The Department of Justice (DOJ), on behalf of McGahn, responds that Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. We agree and dismiss this case." The opinion is available here and below.

immigration

Appeals Court Affirms Two Injunctions Against Trump Administration Asylum Policies

Mikhaila Fogel   Fri, Feb 28, 2020, 3:02 PM

On Feb. 28, the U.S. Court of Appeals for the Ninth Circuit issues two rulings affirming nationwide injunctions against two Trump administration immigration policy. One ruling (Innovation Law Lab et al v. Chad Wolf et al) affirmed the injuction against the "Remain in Mexico" and the other (East Bay Sanctuary Covenant v.

congressional oversight

House of Representatives Files Supreme Court Brief in Mazars and Deutsche Bank Cases

Mikhaila Fogel   Thu, Feb 27, 2020, 6:19 PM

The House of Representatives has filed its brief before the Supreme Court in the consolidated cases Donald J. Trump v. Mazars USA, LLP, et al and Donald J. Trump v. Deutsche Bank AG, et al, regarding whether the court should invalidate four subpoenas to the companies from three separate House committees regarding President Trump's financial and business reports. The committees ask the court to affirm the lower courts' judgments that the House can issue the subpoenas, and argue that, "Many momentous separation-of-powers disputes have come before this Court . . .

Huawei

The U.S. Government Issues Superseding Indictment Against Chinese Telecom Giant Huawei

Mikhaila Fogel   Thu, Feb 13, 2020, 1:44 PM

A grand jury in the Eastern District of New York handed down a superseding indictment aginst Huawei Technologies on Thursday. The China-based telecom giant had previously been charged in January 2019 for theft of trade secrets, attempted theft of trade secrets, wire fraud and obstruction of justice regarding the company's alleged theft of trade secrets from T-Mobile.

The Lawfare Podcast

The Lawfare Podcast Special Edition: The Senate Votes to Acquit President Donald Trump

Mikhaila Fogel   Thu, Feb 6, 2020, 9:22 AM

On Wednesday, the Senate voted to acquit President Donald J. Trump of abuse of power, by a vote of 48-52, and obstruction of Congress, by a vote of 47-53. Over the course of the trial, Lawfare and Goat Rodeo have been compiling the most essential parts of each day’s proceeding into manageable podcast episodes. Here is the final episode of that series.